Provincial Court Proceedings, 1681/1682. 155

    here that the said Susanna and Alice are Executrixes of the Last          Liber W. C.
    will & Testament of the said Demetrius Cartwright and thereof to
    have Execucon their Letters Testamentary they here bring into
    Court:
      And the said Kenelm Cheseldyn by Thomas Burford his Attor
    ney cometh and defendeth the force & injury when &c. and Prayeth
    Liberty to imparle hereunto untill next Provinciall Court & It is
    granted unto him the same day is given to the Plantiffes Likewise
      Now here at this day to wit the fourth day of March in the
    seaventh yeare of ye Dominion of the Right honoble Charles Lord
    Baltemore &c. annoop Doni 1681 Came the said partyes by ther
    Attorneys aforesaid, and the said Kenelm Cheseldyn by his sayd
    Attorney sayth That the sd Symon Edwards and Susanna his wife
    & John Gyatt & Alice his wife late wife of Samuel Graves deceased
    Executrixes of the Last will & Testament of the Said Demetrius
    Cartwright deceased their accon aforesaid against him the said
    Kenelm Ought not to have ffor that he saith that he the said Kenelm
    the said sume of Two thousand foure hundred pounds of tobacco
    in the said writeing obligatory mentioned did Satisfy and pay unto
    the said Demetrius Cartwright in his life time according to the
    Tenor of ye said writeing obligatory & this he is ready to averre &
    Craves Judgment whether the said symon Edwards & susanna his
    wife & John Gyatt & Alice his wife late wife of samuel Graves
    deceased Executrixes of the Last will & Testament of the said
    Demetrius Cartwright deceased their accon against him ought to
    have And the said Executors by their said Attorney Say that by            p. 524
    any thing above alleadged of their action aforesd they ought not
    to be barred Because they say that the said Kenelm Cheseldyn the
    said Sume of Two Thousand foure hundred pounds of tobacco
    hath not payd in manner and forme as the said Deft above hath
    alleadged, and this they pray be Enquired of by the Country, & the
    deft Likewise
      Itt is therefore Comanded the Sheriffe of St Maryes County
    that he Cause to come here twelve &c by whome &c. and who neither
    &c. to Recognize &c. because as well &c:
      On wch said fourth day of March in the yeare aforesaid Came
    the said Partyes by their Attorneys aforesaid. and the Jurors Tm
    pannelled being called likewise came to wit, John Addison Daniel
    Clocker Joshua Guibert. John Watson Thomas Bowdle, John Hol
    lins, Thomas Wynne. Robert Graham, James Ellis, John Stone,
    William Guither & Thomas Courtney Who being Elected tryed and
    sworne to say the truth in the premisses Upon their Oathes doe say.
    That the said Kenelm Cheseldyn the said sume of Two thousand
    foure hundred Pounds of tobacco in the said writeing Obligatory
    mentioned did satisfy and pay unto the said Demetrius Cartwright
    in his life time according to the Tenor of the said writeing Obliga
    tory Therefore Itt is Considered that the said symon Edwards and